Official Rules and Regulations (the “Contest Rules”)
1. THE CONTEST PERIOD
The Contest entry period commences at 08:00 a.m. Eastern Time (“EST”) on Monday June 19, 2017 and concludes at 11:59 p.m. (“EST”) on Monday August 21, 2017 (the “Contest Period”).
The Contest is open to anyone excluding residents of Quebec, Canada, who are capable of participating in the Survey. All contestants must be eighteen (18) years of age or older. Employees, directors and officers of SOTI Inc. (the “Contest Sponsors”) any affiliate (as defined in the Canada Business Corporations Act) of the Contest Sponsors (the “Affiliates”) employees, directors and officers of their respective advertising and promotional agencies, or those with whom any of the foregoing are domiciled (whether related or not) are not eligible to enter the Contest.
3. HOW TO ENTER
NO PURCHASE NECESSARY.
Complete the SOTI Feedback Survey (“Survey”) and opt in to enter to win Fitbit Charge 2 (approximate retail value of $160.00 USD). All entries must be received during the Contest.
Surveys are conducted online at https://www.surveymonkey.com/r/SVYYYD6.
NOTE: Only one (1) entry per person is permitted during the Contest Period. In order to be eligible, participants must opt into the Contest and must confirm their understanding of the rules of the Contest. Multiple entries will be discarded. Entries are subject to verification and will be declared invalid if they are reproduced, falsified, altered or tampered with in any way.
4. WINNER SELECTION
On Monday September 11, 2017 at approximately 09:30 a.m. EST, the draw shall be held. One (1) eligible participant will be selected, by a random number generator, as a winner of the Grand Prize, as described below. The Grand Prize winner will be contacted by a representative of the Contest Sponsor within one (1) business day of the draw by telephone and/or email, as provided by the entrant in their Contest entry form. Any potential Grand Prize winner found to be ineligible, decline to accept the Grand Prize or who are unable to be contacted (including failing to return phone calls or emails) within two (2) business days of the draw will forfeit the Grand Prize and another eligible entrant may be selected in Contest Sponsors’ sole discretion.
5. THE GRAND PRIZE AND GRAND PRIZE VALUE
There is one (1) Grand Prize to be won. The Grand Prize consists of one (1) Fitbit Charge 2. The approximate retail value of the Grand Prize is $160.00 USD.
6. DEADLINE FOR CLAIMING THE GRAND PRIZE
Following confirmation as a Grand Prize winner in accordance with the Contest Rules, the selected participant will be given instructions and a deadline as to how they must claim the Grand Prize. The potential winner who fails to either claim the Grand Prize or to inform the Contest Sponsors his/her inability to claim the Prize before the deadline, as instructed, will forfeit the Grand Prize and another eligible entrant may be selected in Contest Sponsors’ sole discretion.
7. GRAND PRIZE CONDITIONS
All incidental costs and expenses not specifically referred to herein as part of the Grand Prize description, including but not limited to accessories are the sole responsibility of the Grand Prize winner. All Prize elements are subject to availability and substitution. The Grand Prize winner shall not seek reimbursement for the expenses from the Contest Sponsors.
8. ODDS OF WINNING
Odds of winning depend on the total number of eligible entries received during the Contest Period.
9. NO REPRESENTATIONS OR WARRANTIES
None of the Contest Sponsors make any representation or offer any warranty, express or implied, as to the quality or fitness of the Grand Prize awarded in connection with the Contest. The Grand Prize winner understands and acknowledges that he or she may not seek reimbursement or pursue any legal or equitable remedy from the Contest Sponsors should the Grand Prize fail to be fit for its purpose or is in any way unsatisfactory to a Prize winner.
10. DECLARATION AND RELEASE OF PRIZE WINNER
Entrant confirms that:
- he or she has read, understood and accepted these Contest Rules;
- that he or she understands that acceptance of the Grand Prize may involve danger and/or exposure to risks and hazards of both man-made and natural origin, whether arising from foreseeable or unforeseeable human error and negligence, and that, as a result, he or she may suffer damage to personal property, serious personal injury, illness or even death); that he or she nevertheless freely and voluntarily agrees and does hereby assume any and all risks of personal injury, illness, death arising out of or connected with his or her participation in the Contest and winning the Grand Prize.
11. PRIZE SUBSTITUTION
The Grand Prize portions are non-exchangeable, non-transferable, non-refundable, have no cash surrender value and must be accepted as awarded with no substitutions, except as may be decided by Contest Sponsors in their sole and absolute discretion. The Contest Sponsors reserve the right, in their sole discretion, to substitute and/or modify the Grand Prize, or prize portion, with (a) prize(s) of equal or greater value for any reason. Should a winner be unable to claim his/her Grand Prize or prize portion as awarded, his/her rights to the Grand Prize or prize portion will be forfeited.
12. TERMINATION/ MODIFICATION
Subject to applicable law, the Contest Sponsors reserve the right to cancel, suspend, terminate and/or modify the Contest Rules or administration of the Contest, in whole or in part, without prior notice with no obligation or liability.
13. OWNERSHIP OF ENTRIES
All entries shall become the property of the Contest Sponsors and their advertising and promotional agencies. The Contest Sponsor assumes no responsibility for lost, stolen, destroyed or otherwise indecipherable entries due to any failure or technical malfunction of the telephone network, on-line computer systems of equipment, servers, access providers, software, poor reception, technical problems, and failure of any email or submission or due to any other reason regardless of cause.
By entering the Contest, each entrant consents to the use of his or her name, city of residence, photograph, voice, likeness, image or any other aspect of his or her personality for any publicity and programming purposes, commercial or otherwise, throughout the world, in all media, in perpetuity, by the Contest Sponsors, promoters and their advertising and promotional agencies, without any payment or compensation.
15. CONSENT TO COLLECTION AND USE OF PERSONAL INFORMATION
If for any reason the Contest is not capable of running as planned, including due to infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other cause beyond the reasonable control of the Contest Sponsors that corrupts, impairs or affects the administration, security, fairness, integrity, or proper conduct of this Contest, the Contest Sponsors reserve the right, at their sole discretion, to cancel, terminate, modify, extend or suspend the Contest and/or Grand Prize. The Contest Sponsors further reserve the right to disqualify, from this Contest and future contests of the Contest Sponsors, any individual who tampers with or in any way corrupts the entry process. The Contest Sponsors may prohibit a participant from participating in the Contest, future contests of the Contest Sponsors and/or winning a prize(s) if, in the Contest Sponsors’ sole discretion, the Contest Sponsors determine that said participant is attempting to undermine the legitimate operation of the Contest by cheating, hacking, deception, or any unlawful or unfair playing practices relating to the Contest (including but not limited to the use of automated quick entry programs), prize(s), or intending to annoy, abuse, threaten or harass any other participants or the Contest Sponsors representatives. Any attempt by a participant or any other individual to deliberately damage any web site or undermine the legitimate operation of the Contest may be in violation of criminal and civil laws and should such an attempt be made, the Contest Sponsors reserve the right to seek remedies and damages (including lawyers’ fees) from any such participant or any other individual to the fullest extent permitted by law, including criminal prosecution.
17. LIMITATION OF LIABILITY
By entering the Contest, the participants agree that the Releasees shall have no liability and shall be held harmless by participants for any damages, loss or liability to person or property, due in whole or in part, directly or indirectly, by reason of entering the Contest, the acceptance, possession, use, enjoyment or misuse of the Grand Prize, or while preparing for, participating in any Contest-related or Grand Prize-related activity. The Releasees are not responsible for technical, hardware, software or telephone failures of any kind, lost or unavailable network connections, fraud, incomplete, garbled or delayed computer transmissions, whether caused by any of the Releasees, users or by any of the equipment or programming associated with or utilized in the Contest or by any technical or human error which may occur in the processing of submissions that may cause damage to a user’s system or limit an potential entrant’s ability to participate in the Contest.
18. WHERE CONTEST RULES AND REGULATIONS AVAILABLE
These rules and regulations are available online at https://www.soti.net/about/legal/contests/soti-feedback-survey-contest-2017/ and at SOTI Inc, headquarters, located at 5770 Hurontario St, Mississauga, Ontario, Canada.
19. COMPLIANCE WITH CONTEST RULES
All participants agree to abide by the Contest Rules, which are subject to change at the sole discretion of the Contest Sponsors.
20. COMPLIANCE WITH LAWS
This Contest shall be governed by and construed under the laws of the Province of Ontario, Canada. Each Party irrevocably waives any objection on the grounds of venue, forum non-conveniens or any similar grounds and irrevocably consents to the service of process by mail or in any manner permitted by applicable law and consents to the jurisdiction of the courts of the Province of Ontario, Canada. The Parties further hereby waive any right to a trial by jury with respect to any lawsuit or judicial proceeding arising or relating to this Contest.